Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2335
Posts / Week:6.1
Archived Since:March 17, 2008

Blog Post Archive

Ad agency liability for false advertising without scienter

3 months agoIndustries / Law : 43(B)log

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 1782661 (E.D. Mo. Apr. 20, 2015) Purina sued Blue Buffalo for false advertising of its dog food as “grain free” and containing “no chicken by-product.” Purina issued...Show More Summary

8th Circuit dismisses right of publicity claim as copyright preempted

3 months agoIndustries / Law : 43(B)log

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015) Steve "Wild Thing" Ray wrestled professionally in the Universal Wrestling Federation (UWF) from 1990 to 1994. ESPN obtained films of his wrestling matches and re-telecast them without his consent. Show More Summary

Amazon doesn't want you to know how to appy 1-800's IIC rule

3 months agoIndustries / Law : 43(B)log

SanMedica Int’l, LLC v. Amazon.com, Inc., No. 13-cv-00169 (D. Utah filed publicly Apr. 15, 2015) The parties agreed to dismiss the case with prejudice on the day the redacted version of the opinion was released, so we won’t get more....Show More Summary

Reading list: class ascertainability & preemption of state sound recording public perf. rights

3 months agoIndustries / Law : 43(B)log

Geoffrey C. Shaw, Class Ascertainability, forthcoming, Yale Law J. (2015) Abstract: In recent years, federal courts have been enforcing an “implicit” requirement for class certification, in addition to the explicit requirements established in Rule 23 of the Federal Rules of Civil Procedure. Show More Summary

2(a) avoids First Amendment challenge, for now

3 months agoIndustries / Law : 43(B)log

In re Tam, -- F.3d --, No. 2014-1203 (Fed. Cir. Apr. 20, 2015) The Federal Circuit affirmed the refusal to register THE SLANTS for entertainment (a band) because it was disparaging, with “additional views” from one judge suggesting that it’s time for the Federal Circuit to reconsider its precedent upholding §2(a) against First Amendment challenge. Show More Summary

Regression damages model fails to convince court

3 months agoIndustries / Law : 43(B)log

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., --- F.Supp.3d ----, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014) Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts....Show More Summary

Third Circuit clarifies its ascertainability rule but doesn't remove it

3 months agoIndustries / Law : 43(B)log

Byrd v. Aaron’s Inc., 2015 WL 1727613, No. 14–3050 (3d Cir. Apr. 16, 2015) The Byrds filed a putative class action against Aaron’s for violating the Electronic Communications Privacy Act of 1986. The court of appeals reversed the district court’s finding that the proposed class was not ascertainable. Show More Summary

Territoriality is no bar to keeping up with the Kardashians in Kroma dispute

3 months agoIndustries / Law : 43(B)log

Kroma Makeup EU, Ltd. v. Boldface Licensing Branding, Inc., No. 6:14–cv–1551, 2015 WL 1708757 (M.D. Fla. Apr. 15, 2015) A foreign licensee of a US trademark sued US citizens for alleged infringement abroad, and sued its licensor for refusing to share in the proceeds of a settlement in a separate lawsuit about the infringement. Show More Summary

Lanham Act injunctive relief available without proof of injury

3 months agoIndustries / Law : 43(B)log

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 1735517, No. C10–861 (W.D. Wash. Apr. 15, 2015) This is another round of an “extensive” lawsuit between the parties, who compete to sell yarn. Relevant here are Cascade’s claims against...Show More Summary

Campbell conference: beyond transformative use

3 months agoIndustries / Law : 43(B)log

Panel VII. Beyond Transformative Use—Other Fair and Permitted Uses (Moderator, Professor Gomulkiewicz) (partial: I had to leave early, sorry) Gomulkiewicz: sometimes licenses get a bad rap but they can be a powerful engine for creativity. Show More Summary

Campbell conference: IP and cultural expression

3 months agoIndustries / Law : 43(B)log

Panel VI. IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon) Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, song, video games. Show More Summary

Campbell conference: copyright and music licensing

3 months agoIndustries / Law : 43(B)log

Panel V. Copyright and Music Licensing (Moderator, Dean O'Connor) Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential. Social science: not so perfect b/c it doesn’t solve core problems in many areas. Show More Summary

Campbell conference: Justin Hughes keynote

3 months agoIndustries / Law : 43(B)log

Closing Keynote Address: Justin Hughes In a world of complex laws, like tax regulation, everyone likes the idea of a rule that’s both general and exculpatory—fun and safe because when you’re applying a multifactor test it’s very difficult to be clearly wrong. Show More Summary

Campbell conference: future of digital tech

3 months agoIndustries / Law : 43(B)log

Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O'Connor) O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system. Robert Brauneis, George...Show More Summary

Campbell conference: Judge Leval keynote

3 months agoIndustries / Law : 43(B)log

Keynote Address: The Honorable Pierre Leval Earned a reversal rate of 67% in his significant fair use cases; at the cutting edge of law in the role of the salami. Campbell: good framework for authors, without manacles on science. The...Show More Summary

Campbell conference: ethical and strategic issues in fair use litigation

3 months agoIndustries / Law : 43(B)log

Panel III. Ethical and Strategic Issues in Fair Use Litigation (Moderator, Professor Naeve) Naeve: discuss ethics of parody, disparagement, use in pornographic work. Should you ask permission? Lydia Loren, Lewis & Clark: for all its positive effects, she dislike Campbell’s characterization of fair use as an affirmative defense. Show More Summary

Campbell conference: transformative use across the arts

4 months agoIndustries / Law : 43(B)log

Panel II. Transformative Use Across The Arts (Moderator, Professor Said) Annemarie Bridy, Idaho: Role of aesthetic judgments in fair use cases. Bleistein principle of aesthetic neutrality/nondiscrimination. Campbell said it wouldn’t judge whether the parody was good, just whether it was a parody. Show More Summary

Campbell conference: overview on fair use

4 months agoIndustries / Law : 43(B)log

Panel I. Overview of Fair Use Since Campbell (Moderator, Professor Gomulkiewicz) Barton Beebe, NYU Updated dataset 1978-2014: 460 opinions. Available on his website. Significant limitations of case-counting: can’t substitute for qualitative analysis or other quantitative approaches looking at what judges actually do versus what they say they do. Show More Summary

Pam Samuelson on futures of fair use

4 months agoIndustries / Law : 43(B)log

University of Washington School of Law: Fair Use In The Digital Age: The Ongoing Influence of Campbell v. Acuff-Rose's "Transformative Use Test" (aka Campbell at 21) Opening Keynote Address: Professor Pam Samuelson: Possible Futures of Fair Use Campbell had a “transformative” impact on fair use law. Show More Summary

Thermolife sues critic's blog for cybersquatting

4 months agoIndustries / Law : 43(B)log

A reader pointed me to this lawsuit, alleging cybersquatting against https://ronkramermusclebeach.wordpress.com/ based on Thermolife's Muscle Beach marks. You may notice that this isn't really a domain name, but a blog hosted on WordPress. Show More Summary

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